Regular Village Board meetings are typically held at 7:00 p.m., the first three Tuesdays of each month in Council Chambers of Village Hall (room 201), 123 Madison St. When a Regular Meeting falls on a holiday, the meeting typically is held the following night. The Village Board also meets in special sessions from time to time. However, dates and times of Special Meetings can vary and may change.

File #: RES 18-1072    Name:
Type: Resolution Status: Passed
In control: President and Board of Trustees
On agenda: 12/10/2018 Final action: 12/10/2018
Title: A Resolution Authorizing the Execution of a Subordination of Lien (BPIP-079)
Attachments: 1. Resolution-BPIP079-Subordination-of-Lien, 2. Subordination-of-Lien-BPIP079, 3. Endorsed-Note-BPIP-079
Submitted By
Tammie Grossman, Director of Development Customer Services

Reviewed By
LKS

Agenda Item Title
Title
A Resolution Authorizing the Execution of a Subordination of Lien (BPIP-079)

End
Overview
Overview
The loan recipient, Valerie L. Denboer McKenna, is requesting a subordination of a Barrie Park Investment Program Loan to a new first mortgage. The Village remains secure in a junior position on the title.

Body
Staff Recommendation
Approve the Resolution.

Fiscal Impact
There is no impact on the General Fund. Staff time to prepare the subordination and assignment are the only cost to the Village.

Background
On January 17, 2006 pursuant to the Barrie Park Investment Program, the Board of Trustees approved a $15,000 loan to the owner of 1035 S Lombard Avenue. The loan is supported by a mortgage which was recorded against the property. The mortgage was recorded as a junior mortgage on the property with the purchase loan mortgage being in first position.

Loans made under the Barrie Park Investment Program are deferred for repayment until conveyance or transfer of any interest in the property. The program guidelines provide that in cases where former loan recipients wish to refinance mortgages other than the Village's, and request that the Village maintain its subordinate position, the Village will agree to maintain its junior position if:
a. The terms of new first mortgage are more advantageous to the homeowner and are reasonable under current market conditions; and
b. There is adequate equity in the property to support the total proposed encumbrance, at least 15% equity. (if necessary, homeowner(s) will submit an appraisal as proof of equity); and
c. The cost of the refinance is the only allowable equity taken out of the property.

In cases of extreme hardship, staff may recommend that the Board consider subordination when the homeowner is requesting cash back from the refinancing and the equity taken out is being used for emer...

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